Month: September 2019

Party Wall Surveyor Misrepresentation Misrepresentation is inducing a consumer to enter into a contract by making a statement of fact (not opinion) before a contract is made. There are 3 types, Fraudulent, Negligent and Innocent and the remedies are cancelation of the contract and damages. So if we take the scenario that an owner appoints a… Continue reading Party Wall Surveyor Misrepresenation

Inadequate Party Wall Surveyor A problem with inadequate Party Wall Surveyors  If a complex situation arises, for example defining a dispute with no case law history, a wrongly informed decision could cause major financial, stress and time difficulties to appointing owners.  Two experienced Chartered Construction Professionals with subject degrees can be relied upon to advise and determine… Continue reading Inadequate Party Wall Surveyor

Party Wall Suveyor Qualifications & Post Nominal Suffixes The Privy council regulates Royal Charters for Professional Institutes who can confer Professional memberships designated by suffixes i.e. MCIOB.. These memberships are academically benchmarked to a degree/honour degree and in the case of a Fellow equate to an honour/Master degree. Royal Charters Degree equivalents  The Privy Council… Continue reading Party Wall Suveyor Qualifications

The psychology of Party Wall disputes and methods of resolution and the difference between disputes, bullying and harassment A person who makes the wrong choices is unaware of the conscious choices available to them and are governed by their evolved instinct;  “They are” (Rene Descartes) but they are not in control and are unaware of… Continue reading The psychology of Party Wall disputes and methods of resolution and the difference between disputes, bullying and harassment

Party Wall Surveyor recovery of fees How should a Party Wall Sueyor, go about recovering validly awarded fees which have not been paid?  I would expect the MScs amongst you to reach for Dunn’s law guides, Civil Litigation, Be Civil and expend a considerable number of hours working out how best to proceed.  However there… Continue reading Party Wall Surveyor recovery of fees

The First Party Wall Surveyors The 1666 act for the re-building of London was the first Party Wall Act and determined how Party Walls  and Piers should be built.  It specifically  required Party Wall surveyors to take an oath to carry out their duties as required by the authorities and that they be, “discreet and intelligent… Continue reading The First Party Wall Surveyors

Party Wall Third Surveyor Third Surveyor – If two surveyors are appointed they must agree a third surveyor who can then be called upon to independently settle the dispute, settle the dispute with either or both of the two surveyors or settle a dispute between the two surveyors. Bruce act as Third Surveyor throughout England and… Continue reading Party Wall Third Suveyor

Party Wall Schedule of Conditions Schedule of Conditions – Each adjoining Owner’s buildings should be surveyed and a professional and thorough schedule of conditions should be produced. This ensures that there is a record of the Adjoining Owner’s properties before the works affecting the Party Walls proceed

Party Wall Rights of Entry Road Runner LORD JUSTICE CHADWICK – a surveyor appointed under section 10 of the Act has the opportunity and the right to enter upon the premises of both the building owner and the adjoining owner “for the purposes of carrying out the object for which he is appointed or selected”… Continue reading Party Wall Rights of Entry

Rights of Party Wall Building Owners which require served notices Rights of Building Owners – Section 1 Rights (a) build a party wall or party fence wall on the line of junction (b) place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction… Continue reading Rights of Party Wall Building Owners